Common use of Warning Requirements Clause in Contracts

Warning Requirements. Commencing on the Effective Date, ▇▇▇▇▇▇ ▇▇▇▇▇▇ agrees any Subject Product directly distributed, sold or offered for sale in California shall contain a Proposition 65 warning. Any warnings provided pursuant to this Section 2 must be provided in such a conspicuous and prominent manner, as compared with other words, statements, or designs, that will allow the message to be seen and understood by an ordinary individual under customary conditions prior to exposure. For purposes of this Agreement, a clear and reasonable warning for the Subject Products shall consist of a warning affixed to the packaging, label, or tag of each Subject Product sold in California by Austin Bazaar, or on a placard, shelf tag, sign or electronic device or automatic process, that contains either of the following statements: WARNING: This product can expose you to di(2-ethylhexyl) phthalate, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. WARNING: Cancer and Reproductive Harm ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ (a) Where a placard, sign, label, tag, or shelf tag for the Subject Product is not printed using the color yellow, the warning symbol may be printed in black and white. The warning symbol shall be placed to the left of the warning’s text. (b) If the Subject Product’s packaging contains consumer information in a foreign language, a warning statement in that language, in addition to English, is required. (c) The warning shall be posted on any websites under the exclusive control of Austin Bazaar where Subject Products are sold into California or alternatively, Austin Bazaar must ensure California purchasers receive the warning prior to checkout, as provided for in 27 Cal. Code of Regulations sections 25601 et seq., or as the regulations may be subsequently amended. (d) The Parties recognize that the warning methods above are not the exclusive methods of providing a “clear and reasonable” warning under Proposition 65 and its implementing regulations, and agree that other warnings that comply with Proposition 65 may be used. (e) If Proposition 65 warnings for DEHP should no longer be required, Austin Bazaar shall have no further obligations pursuant to this Agreement. (f) The use of warnings consistent with this Agreement shall constitute compliance with Proposition 65 with respect to the Subject Products and for any Subject Product in existing inventory that had not been reformulated and which were distributed and/or sold by Austin Bazaar or any of the Releasees after the Effective Date. There shall be no obligation for Austin Bazaar to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 6 release applies to all such Subject Products.

Warning Requirements. Commencing on the Effective Date, ▇▇▇▇▇▇ ▇▇▇▇▇▇ DC agrees any Subject Product directly distributed, sold or offered for sale in California shall contain a Proposition 65 warning. Any warnings provided pursuant to this Section 2 must be provided in such a conspicuous and prominent manner, as compared with other words, statements, or designs, that will allow the message to be seen and understood by an ordinary individual under customary conditions prior to exposure. For purposes of this Agreement, a clear and reasonable warning for the Subject Products shall consist of a warning affixed to the packaging, label, or tag of each Subject Product sold in California by Austin BazaarDC, or on a placard, shelf tag, sign or electronic device or automatic process, that contains either of the following statements: WARNING: This product can expose you to di(2-ethylhexyl) phthalate, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. WARNING: Cancer and Reproductive Harm ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ (a) Where a placard, sign, label, tag, or shelf tag for the Subject Product is not printed using the color yellow, the warning symbol may be printed in black and white. The warning symbol shall be placed to the left of the warning’s text. (b) If the Subject Product’s packaging contains consumer information in a foreign language, a warning statement in that language, in addition to English, is required. (c) The warning shall be posted on any websites under the exclusive control of Austin Bazaar DC where Subject Products are sold into California or alternatively, Austin Bazaar DC must ensure California purchasers receive the warning prior to checkout, as provided for in 27 Cal. Code of Regulations sections 25601 et seq., or as the regulations may be subsequently amended. (d) The Parties recognize that the warning methods above are not the exclusive methods of providing a “clear and reasonable” warning under Proposition 65 and its implementing regulations, and agree that other warnings that comply with Proposition 65 may be used. (e) If Proposition 65 warnings for DEHP should no longer be required, Austin Bazaar DC shall have no further obligations pursuant to this Agreement. (f) The use of warnings consistent with this Agreement shall constitute compliance with Proposition 65 with respect to the Subject Products and for any Subject Product in existing inventory that had not been reformulated and which were distributed and/or sold by Austin Bazaar DC or any of the Releasees after the Effective Date. There shall be no obligation for Austin Bazaar DC to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 6 release applies to all such Subject Products.